Court of Appeals of South Carolina, 1851

Lewis v. Lewis

Lewis v. Lewis
Court of Appeals of South Carolina · Decided November 15, 1851 · Curia, Evans, Frost, Neall, Wardlaw, Whitner, Withers
39 S.C.L. 12

Lewis v. Lewis

Opinion of the Court

Curia, per O’Neall, J,

It is very true, that dower, in the lifetime of the husband, is no breach of the covenant of seizin : for it is, then, no estate, — it is a mere possibility, — and that is all which is decided by the case from 1 McC. 489.

But if, after the death of the husband, dower is claimed, and assigned, or the value thereof assessed, it becomes, to the extent it is allowed, a breach of the covenant for quiet enjoyment; which, as well as seizin, is contained in our deeds.

The motion to reverse the decision below, and to order a non-suit, is dismissed.

Evans, Wardlaw, Frost, Withers and Whitner, JJ. concurred.

Motion dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.